| |
|
| |
|
|
By: Geren (Senate Sponsor - Nelson) |
H.B. No. 844 |
|
|
(In the Senate - Received from the House April 27, 2011; |
|
|
May 2, 2011, read first time and referred to Committee on |
|
|
Intergovernmental Relations; May 19, 2011, reported favorably by |
|
|
the following vote: Yeas 5, Nays 0; May 19, 2011, sent to printer.) |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the sale or lease of property by certain municipalities |
|
|
owning land near the shoreline of certain lakes. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 272.001(h), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(h) A municipality having a population of 825,000 [575,000] |
|
|
or less and owning land within 5,000 feet of where the shoreline of |
|
|
a lake would be if the lake were filled to its storage capacity may, |
|
|
without notice or the solicitation of bids, sell the land to the |
|
|
person leasing the land for the fair market value of the land as |
|
|
determined by a certified appraiser. While land described by this |
|
|
subsection is under lease, the municipality owning the land may not |
|
|
sell the land to any person other than the person leasing the land. |
|
|
To protect the public health, safety, or welfare and to ensure an |
|
|
adequate municipal water supply, property sold by the municipality |
|
|
under this subsection is not eligible for and the owner is not |
|
|
entitled to the exemption provided by Section 11.142(a), Water |
|
|
Code. The instrument conveying property under this subsection must |
|
|
include a provision stating that the exemption does not apply to the |
|
|
conveyance. In this subsection, "lake" means an inland body of |
|
|
standing water, including a reservoir formed by impounding the |
|
|
water of a river or creek but not including an impoundment of salt |
|
|
water or brackish water, that has a storage capacity of more than |
|
|
10,000 acre-feet. |
|
|
SECTION 2. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2011. |
|
|
|
|
|
* * * * * |